OFFICIAL MINUTES PLANNING AND ZONING COMMISSION April 2, 2003 Saint Michael Council Chambers 7:00 p.m. PRESENT: Chairperson David Dayon; Commission Members Jeff Lutz, Jean Bresin, Leo Elkie, Jeff Laney, Brian Leonard, and Sandra Mariotti. Also present were Community Development Director Marc Weigle; Planner Mary Anderson; City Engineer Steve Bot; Council Representative Mayor Wayne Kessler; and Commission Secretary/City Clerk Carol Beall. Chairperson Dayon called the meeting to order, declaring a quorum present. The pledge of allegiance was said. Set Agenda. Weigle added an update on Town Center, and Leonard a request to discuss a Bus Tour. Commissioners Leonard/Bresin moved to approve the agenda, as amended, with all voting aye. Consent Agenda. Commissioners Lutz/Mariotti moved to approve consent agenda minutes of March 5, 2003, Joint Workshop minutes of March 19, 2003, and recommendation to the City Council to approve the Final Plat for Highlands of St. Michael Fourth Addition, for six single-family residential lots with the following conditions: 1. The Final Plat shall reflect the proposed road called out as 48th Place Northeast to be renamed to 48th Lane NE. 2. The Final Plat shall reflect that proposed 48th Lane NE have a right-of-way of 50 feet. 3. The City Engineer reviews and approves the Grading, Drainage and Erosion Control Plan and the Final Street and Utility Plan. Bot’s letter to City Planner Mary Anderson, dated February 26, 2003, shall become a part of the approval. 4. A park dedication fee for 5 lots is paid according to the City’s per lot fee at the time of filing. The lot with the existing house will not be counted for park dedication. 5. An additional tree shall be provided on Lot 1, Block 2 in the front yard facing to the east. 6. The Applicant shall enter into a Development Agreement prior to filing of the Final Plat. 7. All applicable City, County, State and Federal regulations shall be adhered to. All voted aye. Public Hearing – Amendment to the Zoning Ordinance Allowing a Single-Family Dwelling Unit as an Accessory Use to Existing Commercial Businesses in the R-1 and R-2 Zoning Districts. Chair Dayon opened the above-referenced public hearing at 7:03 p.m. Community Development Director Weigle reviewed the proposed language for a possible revision to Section 155.148 and 155.160 of the Code, which would allow residential and commercial uses on one property under certain conditions in the R-1 or R-2 zoning districts. Weigle read through and explained the 10 conditions staff had suggested. Commissioner Mariotti asked if this would allow more than one house. Subdivision for an additional house would kick in the requirement for road frontage. It was also questioned if language should be added to provide for removal if the intended purpose was discontinued. There was discussion on various aspects and possibilities, how the property could possibly be redeveloped in the future, the required streets and utilities for subdividing further, whether there should be definitions added for greenhouse and/or nurseries. The question was asked whether if the Schultes were to use this revision, it would require also connecting the existing business to sanitary sewer. Clarification on existing conditions would be needed. It did not seem likely that adding a house would be considered an expansion of an existing business; however, if the business use were to be expanded, it should be required to come into compliance. After brief additional Commission discussion, Dayon opened the hearing for public comment. There being no public comment, Commissioners Mariotti/Lutz moved to close the public hearing at 7:26 p.m. All voted aye. P&Z 04-02-03 - Page 2

The Commission discussed further whether a permanent structure of a minimum size should be a requirement. Some of these details, as well as architectural guidelines would be handled in a site plan review. Commissioners Laney/Lutz moved to recommend to the City Council approval of a zoning ordinance amendment to Sections 155.148 and 155.160, with language similar to the following: (F) Greenhouses, retail or wholesale nurseries, subject to the following: 1) Said property must have a principal residential use; 2) The land area containing such use must be a minimum of five acres and no more than ten acres; 3) Not more than 10% of the land area shall be covered by a retail/wholesale building or structure; 4) All activities associated with the accessory use must provide a 20-foot setback to all property lines adjacent to properties used or planned for residential purposes that shall be maintained as greenspace; 5) When abutting a residential use and a residential use district, the property is screened and landscaping in compliance with Section 155.031; 6) All accessory use buildings must be set back a minimum of 30 feet to all property lines; 7) The property must be located on a County or State road and maintain at least 300 feet of frontage on said road; 8) The site may not access directly onto a County or State road unless it is at a location identified as a major intersection on the City’s Transportation Plan (usually ½ mile intersection spacing); 9) The principal and accessory use must be served by public sewer and water; 10) At the sole discretion of the City, provisions for eventual urbanization must be made in the placement of buildings and structures. The property owner may be required to prepare, at owner’s expense, a concept plan illustrating how the Property and adjacent properties may be developed consistent with the City’s Comprehensive Land Use Plan and Zoning Ordinance. The City may also require the dedication of road or utility easements at the issuance of the CUP if, in the determination of the City, said easements may be necessary to serve adjacent or distant parcels with urban services (sewer, water, roads, storm sewer) in the future or if the Conditional Use could serve as a potential obstacle to the efficient provision of those services; 11) The provisions of Section 155.440 are considered and satisfactorily met; and 12) If the approved commercial use is discontinued for six consecutive months, the commercial building and all accessories to the commercial use must be removed from the subject property; and the Conditional Use Permit for the commercial use becomes null and void. All voted aye. Public Hearing – Land Use Plan Map and Zoning Map Amendment, Preliminary Plat for Residential PUD and Final Plat – The Preserve Northwest First Addition. Chair Dayon opened the above-referenced public hearing at 7:34 p.m. Planner Anderson reviewed her memo with the Commission. She explained the school plat and site was approved at the last meeting. Anderson pointed out the areas in question on the overhead, and that the final plat approval would be for only a portion of the subject property. Anderson discussed each of the items in her memo requiring Commission consideration and recommendation. The Commission was also provided with a copy of the City Engineer’s review memo. There was some discussion on garages to assure there would be adequate depth to meet the proposed code changes to be considered later in this meeting. The garages will have sufficient depth. The issue of possible additions of a deck and/or three- or four-season porch was discussed in length, as well as whether there was sufficient parking. Parking was explained, and it appeared to be sufficient. Weigle said there was much more parking than in a typical town-home P&Z 04-02-03 - Page 3 project. Landscaping on the east side of Frankfort Parkway was to be a part of the Developer’s requirements, including trees in the boulevard every 40 feet, which could be used as the front yard tree requirement for those lots fronting on the Parkway. Commissioner Bresin questioned why the City would be restricting the back yard at all. Providing sufficient space for snow storage was one concern. It was also pointed out that the way the garages are laid out, backyard privacy is provided, and the outside activities of neighbors are less intrusive. Commissioner Laney asked about the curb and gutter in the alleyway and whether a V design might not work. Engineer Bot explained the curb helps for maintenance purposes. He said that the V design usually does not drain properly and often leads to icing. Whether the alleyway will work for the Fire Department was questioned. Engineer Bot said it does meet fire code, since there is no parking, and it does go through. St. Michael’s Building Official is also the Fire Marshal and has fire-fighting experience as well. He has reviewed and approved the plan, provided it has an authorized turn around, loop, the roads are built, or a temporary turn around is provided. Hans Hagen addressed the Commission to answer a few questions. He showed the preliminary plat and then the portion for which they are requesting final plat. He showed typical elevations of houses they plan to build. They will have many of the same characteristics as homes in the other Preserve plats. Hagen explained their reasoning for not having an association, since there will be no maintenance, these are single family homes, and the streets will be public. Hagen also referred to the discussion concerning garages and showed how they came up with the design they are proposing; however, he said he was not adverse to something else if the Commission so desired. He also showed the privacy provided with the current design. He mentioned the maintenance easement, and the Commission felt that should perhaps be one of the conditions of approval. Hagen said the garages are masonry. He said his company is planning similar developments in Blaine and River Falls. He also showed how the current design does maximize light to the back of the house. There was some discussion as to the expected buyers – perhaps young families. Chair Dayon opened the hearing for public comment. There being no public comment, Commissioners Elkie/Bresin moved to close the Public Hearing at 8:50 p.m., with all voting aye. Commissioners Elkie/Laney moved to recommend to the City Council to amend the Comprehensive Land Use Plan map to re-guide Outlot B of the Final Plat for ISD #885 New Elementary School from LDR (Low Density Residential) and MDR (Medium Density Residential) to PUD (Planned Unit Development) with the following condition that the amendment to the Zoning Map and the Preliminary Plat/PUD Plan are approved. All voted aye. Commissioners Leonard/Lutz moved to recommend to the City Council to amend the Zoning Map that would rezone Outlot B of the Final Plat for ISD #885 New Elementary School from A-1 (General Agriculture) to PUD (Planned Unit Development) that would have an underlying zoning of R-1 (Residential) with the condition that the amendment to the Comprehensive Land Use Plan Map is approved and the Preliminary Plat/Preliminary and Final PUD Plan is approved. All voted aye. Commissioners Leonard/Bresin moved to recommend to the City Council approval of the Preliminary Plat and Preliminary/ Final PUD Plan that would allow for the replatting of certain outlots as found on the ISD #885 New Elementary School Plat, and for the construction of certain urban and single-family homes with the following conditions: 1. An amendment to the Comprehensive Land Use Plan Map is approved. 2. An amendment to the Zoning Map is approved. 3. The Final Plat for The Preserve Northwest First Addition is approved. 4. The applicant enters into a Development Agreement with the City. 5. The applicant enters into a PUD Agreement with the City. 6. A revised preliminary plan shall indicate a 20 foot minimum setback to the rear public alley for urban homes. A zero (0) lot line setback should be indicated on the preliminary plan for all P&Z 04-02-03 - Page 4

but four of the garage units in Block 2. Language should include a minimum five (5) foot setback from garages to the main structure on the adjoining property. 7. A revised preliminary plat/plan shall note that garage widths may not exceed 24 feet on the Urban Homes. 8. A revised preliminary plat/plan shall note that private fences shall maintain a 10 foot setback from the alley curb on the Urban Home lots. Fence restrictions shall be recorded against these lots in a form approved by the City Attorney. 9. The garage wall, opposite the alley, must be set back a minimum of 55 feet from the alley. 10. The minimum rear yard setback from the house to the alley right-of-way shall be 55 feet. 11. A revised grading plan should indicate an additional bump-out on Frankfort Parkway on the south side of the second entrance into the new elementary school site. 12. The grading plan shall indicate 6 foot sidewalks and 6 foot boulevards on “Frankfort Circle”. 13. Sidewalk and trail easements, as indicated on the Preliminary Grading Plan, will be dedicated to the City. The applicant shall provide easement descriptions and the City Attorney shall prepare the easement document. The applicant shall file such document with Wright County. 14. The grading plan shall indicate that the off-street parking in the townhome units include concrete curb. 15. A park dedication fee, in an amount in force at the time of filing, is paid prior to the execution of the development agreement and filing of the Final Plat. 16. City Engineer Steve Bot’s memo to Mary Anderson dated March 26, 2003 shall become a part of the approval. 17. The Urban Homes shall have a front brick façade, which is similar to other Preserve homes and townhomes. Corner lots will also have brick detailing on the side street façade. The single-family and townhome units shall have a similar façade as found throughout The Preserve and The Preserve East and West. 18. A maintenance easement agreement shall be drawn up by the developer, reviewed and approved by City staff and the City attorney, and filed with Wright County that provides for a five (5) foot easement on adjoining properties where there is a zero lot line setback for garages in order to do maintenance on said garages. 19. All applicable City, County, State and Federal regulations are adhered to. All voted aye. Commissioners Lutz/Elkie moved to recommend to the City Council approval of the Final Plat for The Preserve Northwest First Addition that would allow for the construction of 12 urban homes and 11 single-family homes with the following conditions: 1. An amendment to the Comprehensive Land Use Plan Map is approved. 2. An amendment to the Zoning Map is approved. 3. The revised Preliminary Plat and Preliminary/Final PUD Plan is approved. 4. The applicant enters into a Development Agreement with the City. 5. The applicant enters into a PUD Agreement with the City. 6. A park dedication fee, in an amount in force at the time of filing, is paid prior to the execution of the development agreement and filing of the Final Plat. 7. The ISD #885 New Elementary School plat is filed prior to the filing of The Preserve Northwest First Addition plat at Wright County. 8. City Engineer Steve Bot reviews and approves all construction and final grading, drainage and utility plans prior to the release of a building permit. 9. City Building Official Cliff Skogstad reviews and approves all necessary documents regarding the construction of buildings on lots prior to any building permit being released. 10. The developer shall provide the necessary trees, including Parkway boulevard trees, required according to Section 155.031(D)(2)(a) of the City’s ordinance. Additional plantings shall occur throughout the development to be consistent with those plantings in The Preserve and P&Z 04-02-03 - Page 5

Preserve East and West. 11. The garage wall, opposite the alley, must be set back a minimum of 55 feet from the alley. 12. A maintenance easement agreement shall be drawn up by the developer, reviewed and approved by City staff and the City attorney, and filed with Wright County that provides for a five (5) foot easement on adjoining properties where there is a zero lot line setback for garages in order to do maintenance on said garages. 13. All applicable City, County, State and Federal regulations are adhered to. All voted aye. Public Hearing – Amendments to the Zoning Ordinance. Chair Dayon opened the Public Hearing to consider amendments to the Zoning Ordinance at 8:55 p.m. Planner Anderson reviewed with the Commission a number of proposed zoning ordinance amendments. Most had been discussed at the Planning level previously. She outlined the minor changes from the previous discussion and invited questions from the Commission. There being no Planning Commission questions, Dayon opened the hearing for public comment. Sarah Hansen, 13531 – 45th Street NE, and Kathy Carpentier, 4500 Nason Parkway NE, asked several questions about streets, roadway connections, stormwater ponding and other aspects of The Preserve. Weigle answered their questions, and pointed out current, as well as planned road connections. He also explained the Park is a dedicated City Park. He showed how 50th Street was being extended on the north side of the park. (It is noted the comments and questions from Carpentier and Hansen concerned The Preserve Northwest First Addition, and not the amendments to the zoning ordinance under consideration in this public hearing.) There being no public comment on the proposed amendments to the zoning ordinance, Commissioners Bresin/Laney moved to close the public hearing at 9:10 p.m., with all voting aye. Commissioners Bresin/Lutz moved to recommend to the City Council approval of proposed ordinance amendments as follows: An underline represents language to be added. A strikeout represents language to be eliminated. 1. Fireworks Definition Section 155.009 Definitions. FIREWORKS. As defined by Minnesota State Statute. Section 155.441 INTERIM USE PERMITS (D) Prohibited Uses. (1) Sale of fireworks in a non-permanent structure. 2. Barbecues on Balconies Section 91.18 (AG) No person shall kindle or permit a fire or open flame on a balcony of any apartment, condominium or other similar structure or within 10 feet of such structure in a portable device used for heating, lighting or food preparation nor shall any person leave or otherwise store such a device on or in a balcony of any aforementioned structure. Exception: Listed electric or gas-fired barbecue grills that are permanently mounted and wired or plumbed to the building’s gas supply or electrical system and that maintain a minimum clearance of 18 inches on all sides, unless listed or lesser clearances may be installed on balconies and patios. 3. Depths of Garage 155.150(B) Enclosed garage requirement. One enclosed garage at least 20 feet by 20 feet in size, excluding stairways, landings and utility areas, shall be provided for each dwelling unit. 155.165(B) Enclosed garage requirement. One enclosed garage at least 20 feet by 20 feet in size, excluding stairways, landings and utility areas, shall be provided for each dwelling unit. 155.180(C) Garage requirement. One covered enclosed garage of at least 20 feet by 20 feet P&Z 04-02-03 - Page 6

in size, excluding stairways, landings and utility areas, shall be provided for each dwelling unit. 155.195(C) Garage requirement. One covered enclosed garage of at least 20 feet by 20 feet in size, excluding stairways, landings and utility area, shall be provided for each dwelling unit. 4. Shopping Center Identification Sign Definition Section 155.492 Definitions Shopping Center Identification Sign. A shopping center with four or more tenants, with no less than 25,000 sq.ft. in floor area, and identifies a business and or businesses, profession, service, including entertainment, offered or sold upon the premises where such sign is located. 5. Minimum Roof Pitch Section 155.052 Single-Family Housing. (F) All single-family houses shall have a minimum roof pitch of 4:12. 6. Maximum Driveway Slope and Minimum Grading on Residential Lots Section 155.045 Yard Requirements. (D) Grade Elevation . Maximum allowed yard slope shall be 3:1 and the minimum allowed yard slope shall be 2%. Section 155.050 Parking. (D)(9)(e) Grade elevation. 1. The grade elevation of any parking lot area shall not exceed 5% 2. Maximum allowed driveway slope shall be 10% and the minimum allowed driveway slope shall be 2%. 7. Pet Stores by Conditional Use Permit in the B1 (General Commercial) Zoning District Section 155.208 CONDITIONAL USES. (K) Pet Stores. (1) All activity shall be within a completely enclosed building with soundproofing and odor control. (2) Animals shall not cause annoyance or disturbance to another person by frequent howling, yelping, barking, or other kinds of noise. This paragraph shall only apply when the noise has continued for a ten (10) minute period. This requirement shall apply to the cumulative barking from the kennel, including one or several dogs. (3) Any outdoor kennel shall be prohibited. (4) Shall maintain a valid City commercial kennel license and shall comply with all applicable City and State building, health, and maintenance standards . (5) Shall be subject to a reasonable limitation on the total number of animals or the size of the facilities. This will be determined by the City based on the size of property, the uses of adjoining properties and existence of buffering and other applicable factors. All voted aye. Site Plan Review – Expansion onto Existing Building – 5680 Quam Avenue NE. Planner Mary Anderson reported to the Commission on the request for expansion of the Kampfer Floor building on Quam Avenue NE in the Crow River Industrial Park Second Addition. She reviewed the request by R.P. Properties, including the staff report to the Commission. At present, there are four extra parking spaces, but depending on future tenants, additional parking could be required in the future. Anderson said she walked the property with Brenda Pederson to look at the landscaping. Some of the existing trees look a little scraggly. Since the Pedersons purchased the property, they have cut the grass and have been nurturing the trees. Staff believes it would be appropriate to wait until fall to see how the existing trees did over the summer. Some additional trees will be planted along the north, east and P&Z 04-02-03 - Page 7 northeast sides of the property. The applicants have indicated they would work with staff. There was also a question as to whether the applicant would remove existing fencing with barbwire around the perimeter of the site. If it is not removed, or the barbwire removed, it would be necessary to apply for a CUP to retain the barbwire. The Commission discussed further landscaping in the front of the site, wainscoting, the existing septic, which has been reviewed by the Building Official, and the parking requirements. Commissioners Elkie/Lutz moved to recommend to the City Council approval of a request for Site Plan Approval that would allow for the construction of a 13,800 square foot addition onto the existing building on the property located at 5680 Quam Avenue NE, with the following conditions: 1. The exterior of the proposed addition may be constructed of a steel material as approved by the Planning Commission and shown on the elevation plan dated 3-9-03. The steel siding will be represented by the structural engineer and reviewed by the City’s Building Official. The exterior of the existing and proposed addition shall match in color. 2. The proposed addition roof pitch shall be no less than 4:12. 3. Wainscoting shall be applied onto the east side of the proposed addition and to the south side of the 40’ x 60’ addition. 4. The required number of planted trees for the property is 21 as determined by Section 155.031(D)(2)(b) of the City’s ordinance. Trees may be in the form of over-story (at least 2- 1/2 inch caliper) or evergreens (at least 6-feet in height). City staff shall determine in fall of 2003 whether trees shall be replaced due to the condition of the existing trees. Additional trees shall be planted along the north, east and northeast side of the property as determined by the ordinance and City staff. The applicant will work with City staff on the type of plantings and the timeframe to plant the materials. 5. The owner of the property shall bring all signs into conformance with the City’s Sign Ordinance. 6. The City Engineer shall review the site plan and, if necessary, make recommendations to the applicant prior to any permits being issued on the property for this project. 7. The City Building Official shall review the site plan and building plans and, if necessary, make recommendations to the applicant prior to any permits being issued for this project including building plans designed by an Architect and structural and mechanical Engineer and protection of the existing drain field in regards to drainage of the water on the site and construction traffic. 8. Perspective tenants of the building must submit a floor plan, narrative and indicate the number of employees to work on-site in order to re-evaluate the calculations used to size the septic, to review the use and parking on the property. 9. The applicant shall enter into a Site Plan Agreement. 10. All Local, County, State and Federal regulations must be adhered to. All voted aye. Site Plan Review – Parking Lot Expansion – Community Education Building. Community Development Director Weigle reviewed the proposed parking lot improvement and expansion at the STMA Community Education Building, located at 60 Central Avenue West. Weigle showed the proposed layout, including landscaping. Weigle said the project would create an improved access for passenger vehicles using the building. He said the access point has been placed at the very west end, with the intent of someday creating an aligned intersection with First Street SW. The east access is needed on a limited basis for infrequent delivery of oil. Although lighting is not proposed at this time, sleeves for possible future lighting will be provided. Weigle said they will work with County for access. The Commission indicated they would like to see the east curb cut eliminated if possible. There was discussion on drainage and other aspects of the plan. Commissioner Elkie asked about maintaining an open play area here or at the elementary school across the street. Weigle explained that when an investment is made in fields, the Park Board and City tries to maximize the use of the P&Z 04-02-03 - Page 8 investment, so games are scheduled when new fields are developed. The numbers of kids signing up for organized sports continues to increase, and along with that, the demand for additional fields. It was suggested the backstop might be put back in at the Community Education Building to provide a place for pickup games. Bob Rego, representing the school, said he would ask about putting the backstop up to identify an area where the kids could play unorganized ball. Elkie felt there should be more area for unscheduled games. Weigle suggested that was a topic for a Park Board agenda. Commissioners Lutz/Leonard moved to recommend to the City Council approval of the Site Plan for an expanded parking lot at 60 Central Avenue West, with the following conditions: 1. Plans shall be revised to reflect comments of the City Engineer. 2. The applicant shall receive approval to maintain both curb cuts from Wright County. 3. The following plans shall be made a part of the approval dated March 17, 2003 and as may be amended and approved by Staff: Sheet C1.1 - Removals Plan, Sheet C1.2 – Preliminary Site Plan, and Sheet C1.3 – Grading Plan. 4. Applicant shall enter into a Site Plan Agreement with the City. 5. All Local, County, State and Federal regulations shall be adhered to. Lutz, Leonard, Bresin, Laney, Mariotti, and Dayon voted aye. Elkie voted nay. Motion passed 6-1. Discussion Items: Dave Dixon – 1-in-40 Lot Split. Weigle discussed with the Commission a request from David Dixon, whose property is south of County Road 34, with one existing house, as well as the original farmstead. Dixon lives on a parcel created prior to the 1-in-40 restrictions. Weigle explained the variance Dixon would like to have the Commission consider. It was difficult to come up with a hardship to support a variance. Weigle also brought a question about the A-2 lots along CR 34 where it is possible to hook up to sanitary sewer now. He asked if the Commission had any desire to change the lot size for A-2 splits where public sewer is available, or if it should be left at the two to five acres. Commission consensus was that they were not interested in looking at any changes in the ordinance at this time, with regard to the one-in-forty lot splits. Town Center Project Update – Weigle gave a brief update on the Town Center project, indicating final plat approval was applied for in December. With a number of issues to resolve, the review period was extended and then extended again. The deadline is April 13, 2003, so the Council will have to approve, agree with the applicant to extend the review period, or deny at their meeting of April 8, 2003. Weigle told the Commission it is possible the Council could deny without any recommendation from the Planning Commission. Weigle outlined some of the areas where there is no resolution at this time. Bus Tour. At the joint meeting with the City Council on March 19, the possibility of a bus tour on April 26th was discussed. The tour will be tentatively scheduled to leave City Hall at 8 a.m. on Saturday, April 26, 2003. Some of St. Michael’s current developments may be viewed to see how they turned out relative to what was approved, things the Council or Commission may like or dislike, and perhaps projects in Monticello, Otsego or Rogers could also be viewed. GTS Training Schedule. Planning Commissioners were provided with a GTS training schedule. Chair Dayon encouraged Commissioners to sign up for appropriate sessions. The City covers the registration costs. Commissioners were asked to let staff know as soon as possible what sessions they would attend. Other Business: The Commission was provided with copies of City Council Minutes of February 25 and March 11, 2003, for their information. Adjourn: Commissioners Lutz/Leonard moved to adjourn at 10:27 p.m. All voted aye.

______Carol Beall City Clerk/Commission Secretary